The City of Tumwater cannot cut down or permanently alter the historic Davis-Meeker Garry oak tree without approval from the city’s Historic Preservation Commission, a Thurston County judge ruled Dec. 26.
The decision puts an end to a legal battle between the City of Tumwater and the citizen group Save the Davis-Meeker Garry Oak that started in 2024, after Mayor Debbie Sullivan used executive action to try to cut down the tree due to safety and liability concerns.
Plans for the tree are now centered on maintenance activities for the tree’s health, public safety, and long-term care, according to Tumwater Assistant City Administrator Kelly Adams.
“We intend to comply with Judge Egeler’s order as we steward those plans into the future,” Adams said Wednesday.
The Davis-Meeker Garry Oak is a 400-year-old Oregon white oak next to the Olympia Regional Airport. The tree is widely recognized for its cultural significance and is listed on the Tumwater Register of Historic Places.
An 18-inch-diameter branch fell about 50 feet from the tree in the spring of 2023, landing partly in the southbound lane of Old Highway 99. While no one was injured, the incident sparked safety and liability concerns for the city.
An analysis of the tree’s health ordered in response to the fallen branch found that the tree “is likely to fail again, therefore putting people’s lives, as well as surrounding properties, at risk,” the City of Tumwater states on its website.
Follow-up assessments showed that the tree is healthy enough to stay put, though the maintenance required to keep it standing safely cost thousands of dollars more than cutting it down.
In May 2024, Sullivan avoided input by the Tumwater City Council or the Tumwater Historic Preservation Commission by using executive action to try to have the tree cut down, citing its poor health and high risk for causing accidents, injury or death.
In response, a group of about 20 citizens formed Save the Davis-Meeker Garry Oak and filed emergency litigation and a temporary restraining order against the city.
The summary judgement filed Dec. 26 permanently prohibits the City of Tumwater from permanently altering or destroying the Davis-Meeker Garry Oak without first obtaining the approval of the Tumwater Historic Preservation Commission.
The court’s order does not prevent the City of Tumwater from caring for the tree or addressing safety concerns via pruning or other maintenance activities.
It requires only that any removal, major alteration, or non-emergency work be reviewed by the Historic Preservation Commission.
“This order makes something very clear,” said Ronda Larson Kramer, an attorney for Save the Davis-Meeker Garry Oak, of the Dec. 26 court ruling. “No mayor — now or in the future — can secretly or unilaterally destroy a registered historic resource. The city has to follow the law, just like everyone else.”
Advocates say the ruling sends a broader message about transparency and the rule of law.
“This case was never just about one tree,” saod citizen group spokesperson Michelle Peterson. “It’s about whether local governments can ignore their own laws when such laws are inconvenient. The court has now answered that question clearly.”
The city had no immediate plans to cut down the tree when the court order was issued Dec. 26, according to the citizen group.
Wednesday, Dec. 31 marked Sullivan’s last day as Tumwater’s mayor. She deferred comment to current Tumwater city staff.
When asked for comment, incoming Mayor Leatta Dahlhoff said she is “committed to ensuring that the City of Tumwater operates with clarity, consistency, and integrity. This applies to public property, land use, and community expectations.”
